If you are interested in bidding or buying at CooperOwen, we hope this guide will be useful to you in explaining the simple procedure.
For CooperOwen Live and Online Auctions (Possession of items)
Below are the terms and conditions for buying in our sales. Please review them carefully as it is a legally binding agreement.
No others terms and conditions or any additions, amendments or variations may apply in respect of any CooperOwen Ltd live or online sale other than amendments published as Sale Room Announcements on the day of sale.
CooperOwen Ltd does not in any way warrant the fitness of the Items sold via the live/online sale for the particular purpose for which the Buyer intends to use them. Furthermore, CooperOwen Ltd hereby specifically DISCLAIMS any express or implied warranty or merchantability of any Items via the live/online auction.
The Buyer agrees that any contract relating to the purchase of an Item is between the Buyer and the Seller and that CooperOwen Ltd Is not a party to that contract.
1 In this Agreement. The following words shall have the following meanings:
1.1 “Bid” means an offer made by a prospective Buyer to buy an Item via the live/online auction.
1.2 “Buyer” “your and you” means the buyer of an Item via the live/online auction.
1.3 “Commission” means the commission payable by the Buyer to CooperOwen Ltd in respect of the Buyer being declared the successful bidder of a lot by the auctioneer.
1.4 “CooperOwen Ltd”, “we” or “us” means CooperOwen Ltd, Frimley House, Suite 101, 5 The Parade, Frimley High Street, Frimley, Camberley, GU16 7JQ
1.5 “Item” means the item(s) of property placed by a Seller for a live/online sale.
1.6 “Live/online sale” means a CooperOwen Ltd auction as defined in the terms and conditions and as described on the website.
1.7 “Password” means the password allocated to the Buyer at the time of registration for an online sale.
1.8 “Registration” means the registration of a Buyer for a live/online sale. Registration binds the buyer to CooperOwen Ltd’s terms and conditions of sale.
1.9 “Reserve” means the reserve price as stipulated by the Seller.
1.10 “Summary” means the Summary of Commission and Charges of CooperOwen Ltd.
1.11 “Terms and Conditions” means the CooperOwen Ltd live/online auction terms of sale.
1.12 “Website” means the CooperOwen Ltd website.
2 Agreement
2.1 The Buyer agrees that by participating in any live/online auction the Buyer will abide by this Agreement.
2.2 The Summary and the Terms and Conditions will also form part of this Agreement. By participating in any live/online auction, you will agree to abide by the terms of the Summary and the Terms and Conditions.
3 Registration
3.1 Registration is required to bid in any live/online auction. Registration is free and does not obligate you to purchase anything. Registration requires you to provide CooperOwen Ltd with certain true, complete and accurate information about yourself. If you wish to participate in any live/online auction or make a Bid, you will be required to provide details of a credit, debit or charge card and must certify that you are fully entitled to use the credit, debit or charge card at the time you provide such details. Each time that you Bid in the live/online sale you may be required to confirm your right to use the card, and also that such a card has sufficient funds to cover all charges to be incurred on it.
3.2 Any Username & Password issued to you is strictly private and confidential and may only be used for the purposes for which it is provided. The Username must be quoted by you in all correspondence relating to any online sale or in any Bid. You shall be responsible for all acts carried out or resulting from any use of your Username & Password by another party, whether authorised by you or otherwise. We reserve the right to withdraw any Username & Password which we consider to have been misused or where we believe there has been a security breech.
4 Suspension or Termination of Registration
4.1 CooperOwen Ltd reserves the right to suspend or terminate the Buyers Registration and/or Username & Password and the right to use the website and/or participate in a live sale at CooperOwen Ltd’s sole and unfettered discretion. No Buyer whose Registration has been suspended or terminated may re-register without CooperOwen Ltd’s prior written consent.
5 Buying an Item
5.1 Bidding for an Item is an irrevocable offer to buy the Item at the Bid price. The winning bidder is the one who places the highest Bid that meets or exceeds the Reserve set by the Seller by the deadline stipulated in respect of the live/online sale. If the Buyer is the highest bidder the Buyer is obligated to complete the transaction if the Bid is accepted. You authorise CooperOwen Ltd to debit your credit, debit or charge card for the relevant amounts (including any applicable, VAT, sales tax, shipping, etc.) in such circumstances.
5.2 If identical Bids are accepted, the first Bid received will take precedence. CooperOwen Ltd shall not be responsible for any Bid not arriving or being delayed for any reason. CooperOwen Ltd’s determination of the winning bidder will be conclusive. All unsuccessful Bids for any item will lapse after the close of the live/online sale of an Item.
6 Description of Items
6.1 The Buyer is required to carefully read the entire listings for information about the Item, including the description section and any other information provided by the Seller. The Buyer must not rely solely on the title of the Item for a complete description of the Item. Condition Reports are available on request on most items. Descriptions are educated opinions based on the information available, provided by the Seller at the time of cataloging. The buyer must make his/her own independent determination regarding the condition of the Item. The Buyer must be certain that he/she understands any shipping and payment terms set by the Seller.
7 Cancelling or Retracting a Bid
7.1 A Bid is an irrevocable promise to purchase the Item available in the listing.
7.2 Bids may not be retracted except under certain situations such as manifest typographical errors (which shall be subject to CooperOwen Ltd’s sole determination) or a material change to the auction listing (which shall be subject to CooperOwen Ltd’s sole determination) or if CooperOwen Ltd cannot authenticate the Sellers identity.
7.3 A material change to the live/online sale would include a significant modification or amendment to the terms of the sale, shipping method, the title/description or identity the Item being altered, or material change in the photograph (if used) for the Item. However CooperOwen Ltd do, at times, publish Sale Room Announcements in live sales (which are also noted by the Auctioneer). These take precedence over certain lot descriptions and terms in the sale catalogue. All Buyers should review any Sale Room Announcements prior to bidding on a lot.
7.4 You must contact CooperOwen Ltd to request that your Bid be cancelled. To cancel a bid CooperOwen Ltd must receive a written request from the Buyer and a written acceptance from the Seller of the Item. Only when CooperOwen Ltd receives the written acceptance from the Seller in any timescale requested by CooperOwen Ltd, will your Bid be cancelled.
8 When the Winning Bidder Does Not Buy
8.1 If the winning Bidder does not buy or complete a successful live/online auction within 7 days, CooperOwen Ltd retain the right to contact the second highest bidder or any other bidder to offer the Item at the highest bid offered by that Bidder. If the Buyer is contacted in this way, the Seller shall allow a reasonable time for the Buyer to respond.
9 Capacity to Contract
9.1 The Buyer must be legally able to enter into contracts for the Item that is Bid for. Generally this means you must be at least 18 years old if you are an individual. The Bidder must have the intention and ability to perform under the terms of any submitted Bids and under any purchase contracts that result from acceptance of such Bids by the Seller/and or CooperOwen Ltd.
10 Reserves and Estimated Prices
10.1 All Items will be offered for sale at a live/online sale subject to the Sellers confidential Reserve, unless the Seller chooses to sell the items without reserve. The Reserve is the minimum price, which the Seller will accept for the Item, and below which the Item will not be sold. Each item, when published by us, may state an estimated price, being the price range reflecting our opinion of the amount the Item may be expected to bring at auction, based upon such factors as its condition, provenance, quality, rarity and prices paid at auction for comparable items. The estimated prices will not include the Commission, VAT (if applicable), Shipping and Insurance Charges, and Sales Taxes (if any), and may be revised prior to the live/online sale with or without prior notice.
10.2 Bid manipulation and fraudulent bidding are prohibited.
10.3 Collusion between Bidders, or any form of price manipulation or bid rigging, obtaining more than one Registration, or other associations or aliases to artificially manipulate the bidding on an Item is strictly prohibited. You will not directly or indirectly attempt to manipulate the market.
10.4 Making Bids under a false name or with a stolen or invalid credit card is prohibited. We may in our sole discretion (I) refuse or remove bids which CooperOwen Ltd believes are fraudulent; or (ii) cancel Bids which CooperOwen Ltd believes are not made in good faith or made in violation of applicable law. If you are in breach of the Terms and Conditions against such improper bidding, we shall continue to be entitled to payment of our Commission as if the purchase of the Item had been properly completed for the amount which was Bid.
11 Delivery and Completion of Sale
11.1 Buyer agrees to bear the cost of transporting and international shipping as well as any importation. VAT sales, or use taxes that are due at the time of the transaction.
11.2 Any right to return the item(s) following delivery must be made in accordance with the Terms and Conditions.
12 Commission
The Commission which shall be an amount payable to CooperOwen Ltd in addition to the Bid Price, shall be charged by CooperOwen Ltd in accordance with the Summary.
13 Withdrawal
13.1 Withdrawal of Item or Cancellation of Live/Online Sale
We reserve the right to withdraw any Item from any live/online sale.
13.2 If any consigned item/s are required to be returned before a sale is achieved wether by Private Treaty or Auction sale a 10% withdrawl fee based on estimated valuation of consigned item/s will be charged, this fee is non negotiable and covers costs of admin, promotions, storage & insurance expenses.
The consigner is also responsible for the return carriage/ delivery/ shipping charges if a personal collection is not possible. The consigner is required to email louise@cooperowen.com to give written notice of withdrawal including Customer Number and Receipt Number. Withdrawal Collections from Secure Storage to Dispatch to Consigner will be operated once every three months and received within this period.
14 Credit Card Details
14.1 Any credit, debit or charge card details supplied by the Buyer may be used by us without further notification to obtain payment of all sums which become due from you under the terms of this Agreement.
15 Sellers Default
15.1 CooperOwen Ltd will not be liable for any failure of a Seller to deliver the Item in a satisfactory condition or at all or otherwise to perform their obligations. CooperOwen Ltd will not be responsible in any way for collection of an Item due from a Seller. In the event of non-performance by the Seller, we may in our sole discretion cancel the live/online sale and agreed transaction.
16 Intellectual Property
16.1 The Buyer acknowledges that all copyright, trademarks and other intellectual property rights, and in relating to, CooperOwen Ltd and the live/online sales are owned by CooperOwen Ltd.
16.2 Further no Item is sold with copyright unless stated in the lot description.
17 Limitation of Liability
17.1 CooperOwen Ltd accepts no liability for any indirect, consequential or economic losses or any loss of profit. We shall not be liable for any failure of the Internet, whether in respect of end-to-end connectivity or any failure by any email to reach its destination within the expected time or at all. We shall not be responsible for any failure to fulfil our obligations due to any matter which is beyond our control, including technical malfunctions.
17.2 The maximum amount of CooperOwen Ltd’s liability to the Buyer for breach of our obligations, for negligence or otherwise (to the fullest extent that it is possible to limit such liability at law), shall be the successful Bid price of an Item provided that the transaction has completed. If there has been no completion, CooperOwen Ltd accept no liability to you, to the fullest extent permissible by law.
17.3 CooperOwen Ltd accepts no liability for loss, damage, theft or unauthenticated items presented through us as authentic which may possibly if ever slip through the net. Items proven unauthentic will be returned with a fixed CooperOwen Ltd penalty of £10,000 for misrepresentation and reputation compensation to cover our company policies and standards.
Beware of fake items of memorabillia being sold as the real thing, always buy from a good reputable sourcepreferably CooperOwen Ltd Home of Direct Source Memorabillia of noted history - MOT of Historical Origin Paper Evidence
18 Notices
18.1 Notices to us shall be given by recorded delivery mail, to our address at Frimley House, Suite 101, 5 The Parade, Frimley High Street, Frimley, Camberley, GU16 7JQ and notice shall be given to you by email to the address provided on the Registration form. Email notices given by us shall be deemed effective on the day they are sent whether or not they are received. Notices by mail will be deemed accepted and delivered.
18.2 You agree that email correspondences between us shall be binding in relation to all notices which either of us needs to give the other. It is your sole responsibility to ensure that your emails are checked regularly and can be accessed by you at all times including during any period where you maybe travelling. You shall be solely responsible for notifying us in the event of any change in your email address and for obtaining back-up facilities in the event of any server failure or other malfunction.
18.3 No item purchased via CooperOwen should be promoted for further resale unless via CooperOwen Live - online auctions. We do not accept liability of inaccurate resale - tabloid promotions of any item purchased via CooperOwen. We reserve the right to sue any independant seller selling outside CooperOwen dominion unless authorised via signed agreement from CooperOwen/ cooperowen.com.
19 Entire Agreement
This Agreement and the documents referred to in it represent the entire agreement between us in respect of the subject matter and may only be amended either by written agreement between us, signed on behalf of both parties (in respect of which agreement conducted by electronic mail shall constitute signature) or by CooperOwen Ltd issuing a general amendment shall be effective from the time of posting in the sale room or website and it is your obligation to keep yourself informed of amendments to the terms and conditions.
20 Resolution of Disputes and Applicable Law
CooperOwen Ltd and the Buyer agree that the English Courts shall have exclusive jurisdiction in respect of any dispute arising between us, other than in respect of the enforcement of judgments, where their jurisdiction shall be non-exclusive. English law shall govern the contract between us.
21 Vehicles
It shall be the responsibility of the Buyer to ensure that a motor vehicle purchased from CooperOwen Ltd complies with the appropriate statutes or regulations for driving, using or transporting it and neither CooperOwen Ltd or the seller warrant that a vehicle is fit for any particular purpose.
Motor vehicles are sold by CooperOwen Ltd as collectors items only and not as a means of transport. Buyers are specifically warned that any vehicle sold as such may well have parts replaced and paint renewed or be made up of parts from other vehicles, the condition of which may be difficult to establish. CooperOwen Ltd has to rely on information as to date, condition and authenticity provided by the vendor and does not, and can not,
undertake its own inspection of the vehicle to establish whether the vehicle conforms to the description on the catalogue/online. It is the responsibility of the Buyer to carry out such an inspection, as he thinks necessary. CooperOwen Ltd is not liable for any misdescription or representation. The Buyer bidding for a vehicle acknowledges that he does not rely on any representation made to him by CooperOwen Ltd and is allowed to bid on this basis only.
22 Photography
All photographs in this catalogue are provided for illustrative purposes only. Variations in colour and tone may occur during printing, thus images of lots should not be depended upon as actual representations of colour or condition.
23 Acetates and Recordings
All acetates are sold on an AS IS basis. As buyers would have the opportunity to make copies there is an absolutely no return privilege. All acetates are available for inspection, together with an opportunity to hear a copy of the recording by appointment at CooperOwen Ltd’s premises unless otherwise stated.
24 Copyright
Whilst sellers confirm that certain properties are sold with copyright, CooperOwen Ltd can accept no liability to any matters arising as a result of any imperfection.
Further information:
Buying at CooperOwen Live and Online Auctions
Selling at CooperOwen Live and Online Auctions
For help and all other queries please contact us at: louise@cooperowen.com